Telegram-herald., 1887-09-23

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Ias witness wsassd to g.vs syl-
deEes co2esrDlns esEskln 09csrs
/ eeing EfiIef 70 arrest aim.
ths sTibe esins ths influence that IVES
afo1ght - bear on thea. lie tss4mouy
wss aot allowed.
AZ. lay i0g laen took position Ia frons
o tbs Jury aad proceeded 10 review the
case.
~oeatlsusn of the jury. The issue soa are
| eAliet upgn % decide IL waeiher the d.
tsndnnt, Ssmuei -. Cay. c3d on the lsth VI
neptsmoeg, et o. 10 o. clock in the even
ms en<Ass IN Agat quarrel OF disturbances
! slsh MFs. Gay. ia Lbs LedyaFd block, on
Ottawa 81. ia TIE city Of Grand Rapids.
| Coouiy II heat AR. Taylor reviewed the
points brought cut IN the testimony aad
cautioned The jury on the same citing What
Mf. Clay. AF Knight, Ar. Sci na0nr. Mr.
Seariz and said IA the testimony.
lie slated tha. it Was not a ease cf ''fsh
for one and flesh for the other" he ssid
that the las Knew no dlaereuce IN men IA
resaFd 10 position. The man Of high rank
and learning being no better tbsa the man
II the lower walks oi life he Ieminde
tbs jury that they were sworn 10 do their
dusy. and taeE TOO. his seat.
Mr.. fitzGerAid then arose and read the
nndiDgs and law points Oi the defense.
The charge las been correctly stated,
| referring TO the way Dir. Taylor had just
stated tue charge in bis remarks. viz. That
the defendant was engaged IN light,
quarrel aud disturbance.
III. Fitz Gerald then took the words
tight and quarrel and by the uss OF Web
steg's dictionary showed that according ta
tie evidence the defendant did not engage
in hight or quarrel and that consequent
ly ne did hot violate TIE ordnance under
which he was arrested.
There was TO no evidence of fight
II was simply an assault. He is not charged
| with engsging wiliiully IN a fight or quar-
| rel. / 90 not clam that man or vile be-
cause OF their relations such have a
| right 10 assault each other. / do claim
that the husband mas right to deia.n his
vile Ter the purpose Oi conversation, even
oy taking hold OF her. That aside
from the laying on OF hands there must be
an intent TO 90 bodily harm. But that it
was not unlawful 10 seek sn interview.
| You must hnd that he laid hands on
willfuily and for the purpose of wrong or
acquit.
Mr. Taylor then took the floor to answer
the law point. lie took an entirely dit-
leFent view of the words fight AMI quar-
rel than Mr.. FitzGer@ld. 4
M. FitzGerald then stood before
the Jury and said. Gentlemen of
| the Jury; | am in rather enibar-
rAssing position. | did not hear all the
testimony, and you will please correct me
if incorrectly state anything. This is the
first time have appeared IN this court. AT
the earnest solicitation OF the defendant and
from a sense of duty am here He then
opened his plea and stated how little over
a year aco the people wanted Mr.. Clay to
iilI an important office, and how he swore
10 attend 10 tas duties of the same accord
ing 10 the bet Of his ability. That this
suit was not O. much consequence only as
regards the position be occupies. "If you
can find by the evidence that be is guilty,
convict him But consider his standing"
He then stated that this office was unfortu-
nate for SIR. Clay. Unfortunate for both
he and Mrs. Clay. "She charged him in
her bill for divorce Of being an habitusl
4 QruUkar1. Que nOt OuIut 10 nave
charged him with that without evidence.
Why does she not prove IL? That charge
was brought uujustly. was il not? She has
followed on his tracks with detectives If
she will treat Mr.. Clay thus. will she not
make her testimony in this case bend so AS
to disgrace Mr.. Clay?
He then appealed to the sympathies of the
Jurors BY asking them to put themselves in
Mr.. Clay's place.
He spoke of the policeman who made the
| arrest. saving that II ne had been on the
force as many years as he had months be
would have not made the arrest.
Then IN e few pointed remarks be COM
plsmented the police force OF Grand Rapids,
| saying that there was lot better police
/ IN the nited States.
Judge Holmes having stepped out of the
room, Mr., FitzGerald said, I'VE ought TO bs
| sincerely thankful that we have such an
honest aud iair police judge as Mr. Holmes"
| (Applsuse.)
City Attorney Taylor now arose 10 close
the argument and addressed the Jury in
manner something thusly: Il am not going
to appeal 10 you with eloquance. but cite
you the evidence You are not called on to
shed tears for this man any more than you
I were for the lady who was crOss-examined
/ IA she was on this stand a few
! hours ago lie went Oh TO show
| that position, Office, Standing
duties Of the Office and other points brought
ont bT the defense had nothing to DO with
this case. Said that the law was no re-
/ spector OF persons. Mr.. FifzGerald stated
that detectives had been paid to watch Mr..
Clay. No such evidence was given, except
/ what Mr.. Clay gave on the stand. and thlt
was stricken out. Mrs.. Clay and tour others
| testify to what occurred the evening of the
| arrest and all there il u tho outcry is Mr
. Ciav's testimony" lie then reminded them
what issue they were trying aud closed his
| plea.
The Judge turned to the jury
and in plain, fair way de-
livered his charges. giving then the
( plain points 81 take into consideration. re-
viewing the case IN a wsy that could not be
! offensive 10 either party - the suit, and
thus The case went 20 the jury.
In about taree minutes the Jury were
/ brought in aad the verdict read.
~Nog guilty
The verdict vac received With applause
/ in The court room.
After the trial Mr Cisy said that he did
I not consider the result victory FOR himself.
/ but failure Of AZ ate uDf 70 do him
/ great wrong he said. i do not want my
I actions ia this case - redect upon Mrs
+ Cay. ! <n0w she IS a worthy. pure min ded
/ woman who would have hssa a good wife
II she bad not been ili sdvissd. Neither
/ 49, 1r.tfa arzr~zt t-a rser-.f~ q -,